I am now ready to rule on the question of privilege raised on June 15, by the member for Calgary Nose Hill regarding the government’s answer to written Question No. 974.
In raising the question of privilege, the member for Calgary Nose Hill argued that the government had deliberately provided an incomplete answer to her written Question No. 974. The member stated that she had received, through an access to information request, a copy of emails showing that public servants had prepared the answer while limiting it to generalities and openly stating among themselves that the answer did not need to address every aspect of the question. She further noted that the public servants had analyzed the risks of a potential Speaker’s ruling in determining what kind of response to provide. According to the member, this situation amounts to a breach of her rights and privileges to obtain complete information from the government.
The members for Central Okanagan—Similkameen—Nicola, Lakeland, and Saskatoon West also rose to echo the member’s statement, while noting that their own written questions had met the same fate.
In response, the deputy government whip pointed out that the member had obtained an answer within the prescribed time frame. She said that the decision of February 2, 2023, showed that the Chair cannot review the content of answers to written questions. She added that Question No. 974 asked for secret information and that, on that basis, the government was within its rights to provide a response that appeared incomplete. In her view, the matter does not constitute a prima facie question of privilege.
As for the member for Calgary Nose Hill, she acknowledged that the Chair had issued a ruling on the same written question on February 2, 2023. However, in her view, the new information obtained through her access to information request justified further action by the Chair. I agree with the hon. member on this point.
On September 27, 2016, my predecessor rightly remarked, on page 5176 of the Debates:
Access to information, accurate information, is one of the cornerstones of our parliamentary system. Members must be able to rely on it at all times. The integrity of many of our procedures, especially those relating to written questions, rests on the rightful expectation that ministers and the public servants who support them understand the value and utility of providing, not simply technically accurate, but also complete and transparent, answers in the written responses that they provide to members of the House.
Ministers and their officials are expected to provide members with the most accurate answers possible to written questions, regardless of their name, reputation or political affiliation. Written questions and the responses to them are essential parts of the process of accountability. Consequently, they are central to our parliamentary system.
However, in seeking a decision on this matter, the member for Calgary Nose Hill asked the Chair to rule not on the quality of the answer but on departments' internal processes for preparing responses to written questions.
On April 3, 2014, one of my predecessors ruled that this was beyond the powers of the Chair. Allow me to quote from page 4208 of the Debates:
Regardless of whether the department's internal processes on written questions have changed or not, it remains beyond the role of the Chair to undertake an investigation into any such matter or to render any judgment on it.
The Chair's powers therefore seem to be limited. In the case before us, I must conclude that there is no prima facie question of privilege.
However, the Chair would like to note that it finds the remarks of public servants reported by the member very troubling. I am especially troubled by the comments from the public servants to the effect that the Chair could not intervene in case of a point of order and that this could justify an incomplete response.
It is true that, based on many precedents, the Chair does not judge the quality of responses, and the reasons for that fact are understandable. However, my predecessors and I have repeatedly emphasized the importance of providing members with the information they need to do their work properly.
There may be legitimate reasons not to provide certain information in answers to written questions. In the present case, the government invoked the confidentiality of international relations and trade negotiations. Still, the Chair has noticed that members are questioning more and more the quality of answers to their questions.
There was a time when members complained about how long it took to receive a response, which led to the requirement of answers being provided within 45 days and the referral of late answers to committee. The time may have come for the House to consider how it wishes to deal with the issue of incomplete answers.
In the meantime, the Chair encourages ministers to find the right words to inspire their officials to invest their time and energy in preparing high-quality responses rather than looking for reasons to avoid answering written questions.
I thank the members for their attention.